How does the preliminary ruling procedure for the European Court of Justice work - Essay Example

It also ensures that the provisions laid down by the community institution are carried to the letter. Article 220 ‘Treaty of Rome” states that, the “court must ensure that, in the interpretation and application of the treaty, the law is upheld” The second role played by the court is hearing references from the national courts and gives preliminary rulings to show the scope and application of the law.2 The methodology of interpretation of laws by the ECJ is not specific. Some of the methods used include, teleological, historical and literal approaches.

Teleological method of interpreting the law i.e. employed by the ECJ among other courts to interpret legislative provisions in light of purpose that these provisions seek to achieve1 another method used, albeit with hostility is the historical method. Its use is limited to the lengthy and complex process that is involved in the adoption of EU legal rights. Again, considerable changes will occur during the negotiation period as well as the cropping of anomalies when the court relies on only one document in the midst of diverse legal traditions that inform the enactment of the of EU laws.

Another methodology is the literal interpretation of the law as it appears. Moens and Trone Sate that when the provisions of the law are clear, the court will take the normal meaning of the words used.3 The procedures The preliminary ruling procedure involves a decision made by the ECJ when interpreting union law. This decision is usually made at the request of a high court in a member state of the European Union. Preliminary rulings are so called because the referring national court is the one that passes the verdict.

The role of the ECG therefore is to provide guidance and clear understanding of what the law says.4 Article 267 gives the ECJ mandate to hear preliminary rules concerning the interpretation of treaties and the interpretation and validity of acts of institutions agencies of the union, offices etc. Jurisdiction of the court The ECJ gives the single absolute clear and unambiguous interpretation of the law, and it cuts across all states. (I) Jurisdiction of the ECJ Article 267 TFEU states that a reference may be made with the regard to the interpretations of other the treaty and acts of the union.

However, reference on validity can only be made on the acts of the institutions of the union. Purpose of Article 267 of TFEU Formerly under article 177of the treaty of Rome, article 267 of the treaty of the of the functioning of the European union states that national courts, during proceedings, can question the ECJ on interpretation of the relevant parts of TFEU, secondary legislation or even constitutionality of relevant secondary legislation.5 The ECJ is very cautious not to impose a given view on how its ruling will be applied in the national proceedings.

Discretion to refer All rulings made by the ECJ clarify the scope and meaning of the bunion laws. Article 234 binds the court to accept all questions presented by member states. The court advises only on the interpretation and does not make decisions on the questions posed.6It is only a court or a tribunal that can make a referral to the ECJ. The ECJ has a generally harsh attitude toward referrals and only accepts them when there are ‘real and substantial doubts’ and the court feels that and inconsistent application of law if the ECJ does not intervene.

However, according to Lord Denning MR (1982), the ECJ does not have the jurisdiction to ‘